70A-2a-210 - Express warranties.
70A-2a-210. Express warranties.
(1) Express warranties by the lessor are created as follows:
(a) Any affirmation of fact or promise made by the lessor to the lessee which relates tothe goods and becomes part of the basis of the bargain creates an express warranty that the goodswill conform to the affirmation or promise.
(b) Any description of the goods which is made part of the basis of the bargain creates anexpress warranty that the goods will conform to the description.
(c) Any sample or model that is made part of the basis of the bargain creates an expresswarranty that the whole of the goods will conform to the sample or model.
(2) It is not necessary to the creation of an express warranty that the lessor use formalwords, such as "warrant" or "guarantee," or that the lessor have a specific intention to make awarranty, but an affirmation merely of the value of the goods or a statement purporting to bemerely the lessor's opinion or commendation of the goods does not create a warranty.
Enacted by Chapter 197, 1990 General Session